Following a Monday announcement that Proview had won a small legal victory against Apple on Friday, the iPad maker is threatening to sue the bankrupt Chinese company over purportedly false and misleading statements released to the press.

In a letter to Proview founder Yang Rongshan obtained by All Things D on Monday, Apple alleges that the company has been misrepresenting certain facts to press outlets in order to inflame the already complicated "iPad" trademark dispute and is warning legal action over damages resulting from the defamatory statements.

The lengthy document, written in both Mandarin and English, gives the broad strokes of the case thus far, with Apple alleging that Proview not only refuses to honor its trademark agreement, but breaches the "principles of good faith and dealing" by making false or misleading public statements.

Bullet points from the letter regarding false statements:

Quote:

that Apple's affiliate "mistakenly" transacted with Proview Electronics Co., Ltd. ("Proview Taiwan", Proview's another subsidiary) who did not own the trademarks for IPAD in mainland China;
that "Proview Shenzhen had no knowledge of the trademark transfer";
that Apple's affiliates dealt only with representatieves of Proview Taiwan who "had nothing to do with Proview Shenzhen"; and
that the IPAD trademarks in mainland China "were not included in the package of trademarks under consideration" in the sale.

Apple maintains its stance of having legally purchased the rights to the "iPad" name under the direction of Yang in 2009 from Proview Taiwan, an affiliate of Shenzhen-based Proview Technology which itself is a subsidiary of Hong Kong-based umbrella company Proview International Holdings.

Recently, Proview has been claiming ownership rights of the "iPad" moniker in China, and Apple notes that because no final court judgment has named a true owner, any presumptive statements "have the effect of wrongly causing damage to Apple's reputation."

The letter goes on to note the specifics of the agreement and subsequent transaction from Proview Shenzhen, including email correspondence and legal documentation.

Earlier on Monday, Proview's lawyer Xie Xianghui announced that the company had won a Lower People's Court decision in Huizhou banning the sale of Apple's tablet, though it turns out that the scope of the ruling is quite narrow as it only applies to one store in the region.

Hmm ... Proview sounds like the kid poking the Apple Lion (pun intended) with a stick through the bars of the lion's cage. The lion sounds pissed. If a higher court unlocks the cage door, the result ain't gonna be pretty.

I admit to being a Fanatical Moderate. I Disdain the Inane. Vyizderzominymororzizazizdenderizorziz?

be ware of the difference in legal systems between the two countries. A sure case in US or any western country may not be so sure in China. Particularly, when two different part of China (Taiwan and mainland) involved. it is very muddy situation (the winning of lower court case by the other party already sound the warning sign).
Good luck iPad.

be ware of the difference in legal systems between the two countries. A sure case in US or any western country may not be so sure in China. Particularly, when two different part of China (Taiwan and mainland) involved. it is very muddy situation (the winning of lower court case by the other party already sound the warning sign).
Good luck iPad.

So true. So many things to weigh. Mainland vs. Taiwan, Foreign Employer vs. National Business.

be ware of the difference in legal systems between the two countries. A sure case in US or any western country may not be so sure in China. Particularly, when two different part of China (Taiwan and mainland) involved. it is very muddy situation (the winning of lower court case by the other party already sound the warning sign).
Good luck iPad.

...and Hong Kong is part of which country?

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.

be ware of the difference in legal systems between the two countries. A sure case in US or any western country may not be so sure in China. Particularly, when two different part of China (Taiwan and mainland) involved. it is very muddy situation (the winning of lower court case by the other party already sound the warning sign).
Good luck iPad.

There may be some repercussions if American and European businesses see Apple get screwed in the courts because of "homerism". It may not bode well for China's future as a business hub, although with 1.5 billion people they may be able to get by.

What ever ist is, these guys should get some time to think in a local prison. Maybe with these corrupt judges as room mates.

Quote:

Originally Posted by hill60

...and Hong Kong is part of which country?

Obviously, Hong Kong is part of the People's Republic of China (Communist China) and not the Republic of China (Taiwan).

Interestingly, a Hong Kong court issued an order some time ago which forbade Proview from claiming ownership of the trademarks in question. Seems to me that Proview is in contempt of court - and could suffer pretty severe penalties for that.

"I'm way over my head when it comes to technical issues like this"Gatorguy 5/31/13

Those who can bake pies do and those who love to eat it, should, but what of those who exist only to slice it, an activity that's ultimately antithetical to either creating or celebrating anything at all? This sort of endlessly protracted waste is the inevitable and ubiquitous consequence of accepting wealth as the primary purpose of existence, and nothing we should encourage, much less embrace.

Ultimately, it's the tedium required to live a life based on fear and greed that shocks me. What sort of people can tolerate, much less embrace, this kind of activity? It's sad, disturbing, and ultimately pathetic like reading about someone whose been buried alive under a thousand cats or a million moldering back issues of the New York Times.

However they're resolved, all lawsuits - like the wars they emulate - are first and foremost failures. A lawyer is to a productive human being what an undertaker is to a physician. When the former outnumber the latter, something is terribly, terribly wrong.

Those who can bake pies do and those who love to eat it, should, but what of those who exist only to slice it, an activity that's ultimately antithetical to either creating or celebrating anything at all? This sort of endlessly protracted waste is the inevitable and ubiquitous consequence of accepting wealth as the primary purpose of existence, and nothing we should encourage, much less embrace.

Ultimately, it's the tedium required to live a life based on fear and greed that shocks me. What sort of people can tolerate, much less embrace, this kind of activity? It's sad, disturbing, and ultimately pathetic like reading about someone whose been buried alive under a thousand cats or a million moldering back issues of the New York Times.

However they're resolved, all lawsuits - like the wars they emulate - are first and foremost failures. A lawyer is to a productive human being what an undertaker is to a physician. When the former outnumber the latter, something is terribly, terribly wrong.

I can't decide if you are auditioning for a role as Jesus or Frank Zappa. \

Well, I doubt if we even know 100%, or anything close to it, if Proview is in the right or in the wrong in this case.

I dunno. I haven't seen a single piece of reliable evidence that even hints at Apple being in the wrong or that anything Proview has said is true at all.

Proview has talked a lot of trash but they haven't actually provided any evidence AFAICS. Apple on the other hand has provided a few, simple, and as of yet uncontested documents that indicate that their point of view is the correct one.

Unless you are talking about the Zen kind of thing about how we can "never know anything for certain," the evidence is as clear as it can get IMO.

Talk about cut off your nose to spite your face. Someone better start bribing someone over there! Isn't the Apple plant in Brazil ready to go on line yet??

If their courts want to pass ridiculous judgements that hurt the interests of such a huge mega company doing business there, let's build Apple products in Brazil and California!!! I'd pay more to not be beholden to the Chinese.

Obviously, Hong Kong is part of the People's Republic of China (Communist China) and not the Republic of China (Taiwan).

Interestingly, a Hong Kong court issued an order some time ago which forbade Proview from claiming ownership of the trademarks in question. Seems to me that Proview is in contempt of court - and could suffer pretty severe penalties for that.

Hong Kong, of course, being one of the special economic/administrative zones, with privileges not available elsewhere in China.

Next time senior Apple guy meets with senior China guy, the former apologizes for his lack of a suitable gift to acknowledge the gracious presence of the latter, because Apple does not wish to cause the latter to break a possible Chinese law.

I dunno. I haven't seen a single piece of reliable evidence that even hints at Apple being in the wrong or that anything Proview has said is true at all.

Proview has talked a lot of trash but they haven't actually provided any evidence AFAICS. Apple on the other hand has provided a few, simple, and as of yet uncontested documents that indicate that their point of view is the correct one.

Unless you are talking about the Zen kind of thing about how we can "never know anything for certain," the evidence is as clear as it can get IMO.

You might not have seen it but that isn't to say the evidence isn't there.

Two courts have sided with Proview and a court in Honk Kong has sided with Apple.

Apple needs to get a hold of Big Brother and let him know there are 400,000 jobs at stake and may have to be moved to Brazil. At least there the judges operate with 'integrity' - meaning that when they accept a bribe, they follow through and deliver.

But how can a Chinese entity trademark anything in a foreign language?

I mean that would be like a big company in the China trademarking a series of Manderin characters, building said item in USA and exporting all over the world , and a USA company saying no we have the right to that name, HUH????

Also, The word "iPad" doesn't have an Chinese equivalent does it? by definiton it is they who are copying Apple right?

Do Chinese companies sell anything in China and use English words on the front?

if so why?

Originally by Rickers - 2014 : Cook & will bury Apple. They can only ride Steve's ghost so long.

History reduce Apple Watch.... to a footnote in the annals of technology - Benjamin Frost Dec 2014